|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Sep 23, 2014||signed chap.373|
|Sep 11, 2014||delivered to governor|
|Jun 12, 2014||returned to assembly|
3rd reading cal.1355
substituted for s7535
|Jun 12, 2014||substituted by a9464|
|Jun 11, 2014||ordered to third reading cal.1355|
committee discharged and committed to rules
|May 15, 2014||referred to judiciary|
senate Bill S7535Signed By Governor
Relates to applications to modify orders of child support in the family court
Archive: Last Bill Status Via A9464 - Signed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
view actions (10)
Jun 12, 2014 - floor VoteA9464570floor57Aye0Nay0Absent4Excused0Abstained
show floor vote details
Floor Vote: Jun 12, 2014aye (57)
Jun 11, 2014 - Rules committee VoteS7535230committee23Aye0Nay0Aye with Reservations0Absent2Excused0Abstained
- show floor vote details
S7535 - Bill Details
- See Assembly Version of this Bill:
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §451, Fam Ct Act
S7535 - Bill Texts
Relates to applications to modify orders of child support in the family court.
view sponsor memo
TITLE OF BILL: An act to amend the family court act, in relation to
applications to modify orders of child support in the family court
This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Family
Court Advisory and Rules Committee.
An application to modify an order of child support pursuant to section
451 of the Family Court Act must be accompanied by "an affidavit and
other evidentiary material sufficient to establish a prima facie case
for the relief requested" in order to entitle the petitioner to a
hearing on any material issues of fact. No hearing is required if an
affidavit has not been submitted even if material issues are present
in the case. In order to preserve the possibility of a hearing, this
requirement has been applied literally by many Family Courts statewide
in all cases, thus preventing child support modification petitions
from being filed in the absence of an affidavit.
This requirement has proven to be both unnecessary and unduly
restrictive. It is unnecessary because it is duplicative. The uniform
"Affidavit in Support of Modification of Support" (Family Court Form
4-11b) contains virtually the same information as the support
modification petition (Family Court Form 4-11).* And, most important,
it is unduly restrictive as an impediment to effective access to the
Family Court by unwary litigants, most of whom are unrepresented.**
The Chief Judge's Task Force to Expand Access to Civil Legal Services
in its Report to the Chief Judge of the State of New York in November,
2011, at p. 31, recommended, inter alia, that Family Court child
support forms be simplified. This effort is now ongoing through the
forms simplification initiative described in the 2012 report of the
New York State Courts Access to Justice Program.*** The public "New
York CourtHelp" web-site of the Unified Court System includes an
on-line "Do It Yourself' (DIY) program in English and Spanish for
litigants to utilize to prepare child support modification petitions,
a "Lawhelp Interactive" program operated by ProBono.Net.**** The DIY
process in unnecessarily encumbered by the requirement that litigants
prepare an affidavit in addition to the petition.
This measure would further the goal of forms simplification. It would
amend section 451 of the Family Court Act. Instead, the petition
itself would need to "allege facts sufficient to meet one or more of
the grounds" for modification set forth in the statute. In eliminating
the need for litigants to file an extra document, the measure would
ease the DIY process, a meaningful step in the Court System's ongoing
effort to increase the ease with which litigants can obtain needed
relief in the Family Court.
This measure, which would have no fiscal impact upon the State, would
take effect immediately.
None. New proposal.
*The forms are available at
** The Chief Judge's Task Force to Expand Access to Civil Legal
Services in its Report to the Chief Judge of the State of New York in
November, 2010, estimated that: "In 611,768 Family Court matters in
which assigned counsel is not provided, approximately 74 percent of
the litigants are unrepresented. In child support matters in the
Family Court in New York City, 93 percent of the parties are
completely unrepresented and another 4 to 5 percent had counsel for
only part of the case. Effectively, 97 to 98 percent of New Yorkers
dealing with child support issues in New York City do so without full
benefit of counsel. In child support matters in Family Court outside
of New York City, 86 percent of the parties are unrepresented, and
another 9 to 11 percent have counsel for only part of the case."
(Footnotes omitted)." Id. At p.17.
*** New York State Courts Access to Justice Program, 2012 Report, p.
18 fhttp://www.nvcourts.gov/ip/nya2j/pdfs/NYA2J 20 12report.pdfl
**** See www.nycourts.Rovicourthelp/DIY/supportmodification.html.
view full text
S T A T E O F N E W Y O R K ________________________________________________________________________ 7535 I N S E N A T E May 15, 2014 ___________ Introduced by Sen. BONACIC -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the family court act, in relation to applications to modify orders of child support in the family court THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 451 of the family court act, as amended by chapter 182 of the laws of 2010, is amended to read as follows: S 451. Continuing jurisdiction. 1. Except as provided in article five-B of this act, the court has continuing jurisdiction over any support proceeding brought under this article until its judgment is completely satisfied and may modify, set aside or vacate any order issued in the course of the proceeding, provided, however, that the modification, set aside or vacatur shall not reduce or annul child support arrears accrued prior to the making of an application pursuant to this section. The court shall not reduce or annul any other arrears unless the defaulting party shows good cause for failure to make appli- cation for relief from the judgment or order directing payment prior to the accrual of the arrears, in which case the facts and circumstances constituting such good cause shall be set forth in a written memorandum of decision. A modification may increase support payments nunc pro tunc as of the date of the initial application for support based on newly discovered evidence. Any retroactive amount of support due shall be paid and be enforceable as provided in section four hundred forty of this article. Upon an application to [modify,] set aside or vacate an order of support, no hearing shall be required unless such application shall be supported by affidavit and other evidentiary material sufficient to establish a prima facie case for the relief requested. 2. A PROCEEDING TO MODIFY AN ORDER OF SUPPORT SHALL BE COMMENCED BY THE FILING OF A PETITION WHICH SHALL ALLEGE FACTS SUFFICIENT TO MEET ONE OR MORE OF THE GROUNDS ENUMERATED IN SUBDIVISION THREE OF THIS SECTION. 3. (a) The court may modify an order of child support, including an order incorporating without merging an agreement or stipulation of the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13719-02-4 S. 7535 2 parties, upon a showing of a substantial change in circumstances. Incarceration shall not be a bar to finding a substantial change in circumstances provided such incarceration is not the result of non-pay- ment of a child support order, or an offense against the custodial parent or child who is the subject of the order or judgment. (b) In addition, unless the parties have specifically opted out of the following provisions in a validly executed agreement or stipulation entered into between the parties, the court may modify an order of child support where: (i) three years have passed since the order was entered, last modified or adjusted; or (ii) there has been a change in either party's gross income by fifteen percent or more since the order was entered, last modified, or adjusted. A reduction in income shall not be considered as a ground for modifica- tion unless it was involuntary and the party has made diligent attempts to secure employment commensurate with his or her education, ability, and experience. S 2. This act shall take effect on the ninetieth day after it shall have become a law.
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